Legal Implications Of Testing Job Applicants

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WC-1015449

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Recorded

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Webinar

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Description:

Employers seeking to make hiring, promotion, and other selection decisions based on merit or minimum qualification requirements frequently use tests to establish a list of eligible candidates or to assess particular skills or aptitudes.

These tests, which include cognitive tests, physical ability tests, personality tests, and drug tests are prone to disparate impact challenges, and mistakes can cost companies millions of dollars.

For the past few years, as the federal government has focused its attention on systemic discrimination, it has launched numerous investigations into employee-selection processes, including employment tests, background checks, and drug testing. So-called "honesty tests" will also be discussed.

This webinar helps human resource managers, personnel managers, benefits and payroll professionals, corporate executives, and attorneys understand the continually-evolving law governing tests and personnel-selection procedures. The presenters will explain how to recognize and correct common deficiencies that trigger government investigations and escalate damage claims. The webinar will also provide practical guidance on changing policies and procedures to help companies select the best job applicants and improve the quality of the workforce.

Agenda

The Law Regarding Testing and Selection Procedures

Relevant Statutory Provisions

Allocation of Proof

Current Legal Landscape

The Proper Validation and Use of Employment Tests and Selection Procedures

Proper Validation

Transportability

Making Changes Without Triggering Liability

Search for Less Adverse Alternatives

Physical Ability Tests

Personality Tests

Honesty Tests

Performance Reviews

Performance Reviews Are Tests

Do's and Don'ts of Performance Reviews

Drug Tests and Background Checks

EEOC Setbacks

Common Mistakes to Avoid

About The Presenters

R. Lawrence Ashe, Jr.

Senior counsel, Parker Hudson Rainer & Dobbs LLP

Recipient of the Anti-Defamation League’s first Judge Elbert Tuttle Distinguished Jurisprudence Award in 1998, elected to its Southeastern Regional Board in 2009, inducted as a fellow into both the American College of Trial Lawyers and the College of Labor and Employment Lawyers, and founding director and executive committee member of the American Employment Law Council

Nationally recognized for his class-action and test validation expertise, and acclaimed by the National Law Journal as the Dean of the Management Class Action Bar

Co-wrote "Scored Tests" chapter of Schlei & Grossman, Employment Discrimination Law (BNA, 1976), the 1983 Second Edition, the 1995 Third Edition, the 2007 Fourth Edition and all but one supplement, and of the amicus curia brief filed with U.S. Supreme Court by the Executive Committee of Division 14 of the American Psychological Association in Washington v. Davis, 423 U.S. 820 (1976); co-wrote with Ginger McRae of "Performance Evaluations go to Court in the 1980's" in Mercer Law Review

Paul R. Barsness

Associate at Parker Hudson Rainer & Dobbs LLP

Represents local governments and workforce management companies in litigation and subpoena enforcement actions involving the use of employment tests and personnel selection procedures

Wrote several publications and presentations related to the topics of testing and personnel selection, including Assessing the Legal Risks of Your Assessments, The 28th Annual Conference of the Society for Industrial and Organizational Psychology, Houston, TX, April 11-13, 2013; Presenting Statistical Evidence in Disparate Treatment Cases (co-wrote), 2012; The Future Of Employment Class Actions After Wal-Mart Stores, Inc. v. Dukes (co-wrote), 2011; Edison Electric Institute 2011 Conference on Testing - Building Relationships: The Big Picture in the Big Easy, May 2011 - Legal Updates

Received Scholarship and Leadership award from the American Bar Association and American Law Institute

Cannot Attend The Live Presentation?

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